EB-5 Visa for UK Citizens: Your Direct Path to a U.S. Green Card Through Investment

British nationals are well-positioned to obtain a U.S. green card through the EB-5 Immigrant Investor Program. The UK is not a backlogged country, which means British investors can move from petition approval to a conditional green card without waiting in a per-country visa queue. By investing $800,000 in a Targeted Employment Area (TEA) or $1,050,000 outside a TEA and creating 10 full-time U.S. jobs, you, your spouse, and your unmarried children under 21 all qualify for conditional permanent residency and a path to U.S. citizenship. Contact our investment immigration lawyer team at Pollak PLLC at (214) 307-5510 to discuss your eligibility.

What Is the EB-5 Visa and Why Are UK Citizens Well-Suited for It?

The EB-5 Immigrant Investor Program grants U.S. permanent residency to foreign nationals who make a qualifying investment in the American economy and create jobs for U.S. workers. Congress established the program in 1990 under the Immigration Act of 1990, codified at INA §203(b)(5), and it remains one of the few immigration pathways where the investor self-petitions entirely on the basis of their capital commitment. Unlike the H-1B or L-1, no employer sponsorship is required, and unlike family-based immigration, no petitioner is needed.

You have two routes to consider. A Direct Investment requires you to actively manage or oversee a qualifying U.S. commercial enterprise and create 10 full-time positions employed directly by the business. A Regional Center investment, the path chosen by the vast majority of EB-5 investors, allows you to participate passively in a USCIS-approved pooled project where job creation can be direct, indirect, or induced, making the employment threshold significantly more flexible to satisfy. Regional Center projects are pre-approved by USCIS under the EB-5 Reform and Integrity Act of 2022.

How Is the EB-5 Different from the E-2 Visa for British Investors?

The EB-5 leads directly to a green card. The E-2 investor visa for UK nationals is a renewable non-immigrant visa that does not offer any path to permanent residency, regardless of how long you hold it. The E-2 requires treaty country nationality, involves a lower investment (typically $100,000 or more), and keeps you in temporary status indefinitely. Because the UK is an E-2 treaty country, British nationals can access both programs, and some investors use the E-2 as a stepping stone to establish a U.S. business presence while simultaneously pursuing the EB-5 for their permanent green card.

Why Trust Pollak PLLC for Your EB-5 Visa as a British Investor?

Pollak PLLC brings more than 27 years of exclusive immigration law experience to every EB-5 case, with a specific concentration in investor and business immigration. Managing Attorney Karen-Lee Pollak is recognized in the Chambers Global Guide to the World's Leading Lawyers, a credential that carries particular weight for British investors because Chambers and Partners is a British-founded legal ratings institution known for its independent evaluation process. She also holds EB5Verified badge status and is a top contributor on eb5investors.com, the leading EB-5 industry authority site.

Karen-Lee has been selected as a D Magazine Best Lawyer in Texas (2014 to 2021), named a Texas Super Lawyer (2018 to 2021), and received the Avvo Clients' Choice Award (2016 to 2020). The firm maintains a 10.0 Superb Avvo rating backed by more than 150 five-star Google reviews. As an EB-5 visa lawyer and immigrant herself, Karen-Lee brings firsthand understanding of the emotional and financial weight that comes with relocating to a new country.

You can work with Pollak PLLC remotely from London, Manchester, Edinburgh, or anywhere in the United States without ever needing to visit a U.S. office in person. Our firm handles the full investor journey, from source of funds documentation strategy through I-829 removal of conditions and your permanent green card.

Have questions about starting your EB-5 application as a British national? Book your confidential consultation with Karen-Lee Pollak today.

EB-5 Investment Requirements and Thresholds for British Nationals

Under the EB-5 Reform and Integrity Act of 2022 (Public Law 117-103, effective March 15, 2022), you must invest $800,000 in a Targeted Employment Area or $1,050,000 in a non-TEA project. At approximate 2025 exchange rates, the TEA investment equals roughly £630,000 GBP and the non-TEA investment roughly £825,000 GBP. All EB-5 investments must be made in U.S. dollars; these GBP figures are for planning purposes only and are subject to currency fluctuation.

Your investment must be placed at risk in a new qualifying commercial enterprise and must result in the creation or preservation of at least 10 full-time U.S. jobs. There is no educational requirement, no language test at the petition stage, and no occupational criteria. Your spouse and unmarried children under 21 qualify as derivative beneficiaries who receive conditional green cards under the same petition at no additional investment.

USCIS adjusts both thresholds every five years to account for inflation. The next adjustment is expected in January 2027, and industry estimates suggest the TEA minimum may increase by $130,000 to $140,000. The current $800,000 entry point represents a time-sensitive window for UK investors who are ready to act.

What Is a TEA and Why Does It Matter for British Investors?

A Targeted Employment Area is a geographic zone designated by USCIS where the EB-5 investment minimum drops to $800,000. To qualify, the area must have an unemployment rate at 150% or more of the national average or be classified as rural with a population under 20,000. USCIS reserves 20% of the annual EB-5 visa allocation for rural area investments, and because the UK has no per-country backlog, you can fully access this set-aside. Rural set-aside projects have achieved I-526E petition approvals in as little as 9.5 months for qualifying investors, making them a particularly attractive option for British nationals seeking a faster timeline.

Source of Funds: What UK Investors Need to Document for EB-5

USCIS requires every EB-5 investor to demonstrate that their investment capital was obtained through entirely lawful means. You will typically need to document approximately five years of financial history that traces your funds from their original source through to the investment. For British nationals, the most common lawful sources include PAYE employment income or director's salary, business sale proceeds, UK property sales, investment portfolio returns, inheritance, gifts from family members, and pension drawdown. Wire transfer records must trace the full path of funds from your UK bank accounts to the U.S. escrow account receiving the EB-5 investment.

What UK Documents Prove Lawful Source of Funds for an EB-5 Application?

HMRC Self Assessment tax returns, P60 and P11D forms, UK bank statements, and Companies House records form the foundation of most British EB-5 source of funds packages. If your capital comes from a property sale, you will need HM Land Registry records, your solicitor's completion statement, and HMRC capital gains tax documentation. Investment portfolio proceeds require ISA or brokerage account statements, broker contract notes, and dividend records from institutions such as Barclays, HSBC, or Lloyds. For inherited funds, a UK Grant of Probate and estate distribution accounts serve as your primary evidence. Gifts are permitted under USCIS rules, but you will need a gift deed and documentation proving the donor's own lawful source.

Does the Fact That UK Records Are in English Make the Process Easier?

It does. USCIS requires certified English translations of all non-English documents submitted with an EB-5 petition, and this requirement adds both cost and processing time for investors from countries where financial records are issued in another language. British investors skip this step entirely because UK bank statements, HMRC correspondence, Companies House filings, and Land Registry records are all issued in English by default. This practical advantage simplifies your documentation package and removes an entire layer of preparation that investors from many other countries must manage. HMRC capital gains tax records and P60 forms also serve as strong corroborating evidence that USCIS adjudicators can review directly without translation.

Why British Nationals Have Unique Advantages in the EB-5 Program

Beyond the absence of a visa backlog covered above, British investors benefit from several additional structural advantages when filing through the EB-5 Immigrant Investor Program with USCIS. British families with children planning to attend U.S. universities gain eligibility for in-state tuition rates through EB-5 permanent residency, which eliminates the need for an F-1 student visa and removes Optional Practical Training (OPT) work restrictions during and after their studies.

The Trump Gold Card program launched in December 2025 under Executive Order 14351 with a $1 million individual contribution requirement. As of April 2026, only one Gold Card has been approved. The EB-5 remains the established, operational investment-based green card pathway for UK nationals.

Can a British National on an H-1B or L-1 Visa Use Concurrent Filing for EB-5?

The EB-5 Reform and Integrity Act of 2022 introduced concurrent filing, which allows investors already in the United States on valid non-immigrant visas to submit Form I-526E and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. You can then apply for an Employment Authorization Document (EAD) and Advance Parole, gaining independent work and travel authorization while your petition is processed. Over half of all post-RIA EB-5 investors have filed concurrently, totaling more than 3,000 applications.

A USCIS policy memo issued in May 2026 (PM-602-0199) heightened scrutiny on adjustment of status as a discretionary decision, but it did not repeal the statute or eliminate concurrent filing. Congress expressly authorized this provision under INA § 245(n), and investors in dual-intent visa categories such as H-1B and L-1 remain well-positioned. British professionals in U.S. finance, technology, and consulting should also note the September 30, 2026 grandfathering deadline: filing your I-526E before that date protects you under current program rules even if the Regional Center program is not reauthorized after September 2027.

How Has Brexit Affected British Interest in U.S. Permanent Residency Through EB-5?

When the UK formally exited the European Union on January 31, 2020, and the transition period ended on December 31, 2020, British nationals lost the automatic right to live, work, and settle across EU member states. For investors who had previously used EU Golden Visa programs in Spain, Portugal, Greece, or Malta as part of their global residency planning, that loss was felt immediately. The EB-5 green card now offers a comparable permanent anchor in an English-speaking country with the world's largest economy, granting you and your family the right to live, work, and build a future anywhere in the United States.

The EB-5 Green Card Process for British Nationals: Step by Step

The USCIS EB-5 process follows a clear sequence from initial consultation through Form I-526E filing to your permanent green card.

• Engage Legal Counsel. Consult a U.S. EB-5 attorney to confirm your eligibility, assess your source of funds strategy, and review available investment options.
• Select Your Investment Path. Choose a USCIS-approved Regional Center project or a Direct Investment after thorough due diligence on the project's track record, job creation methodology, and USCIS approval history.
• Document Source of Funds. Compile approximately five years of HMRC returns, UK bank statements, Companies House records, and Land Registry documents that trace your capital from origin to investment.
• Transfer Capital. Wire $800,000 (TEA) or $1,050,000 (non-TEA) from your UK bank account to the project's U.S. escrow account.
• File Form I-526E. Submit your Immigrant Petition by Regional Center Investor to the USCIS Immigrant Investor Program Office (IPO). Average processing runs approximately 13.5 months; rural projects may process faster.
• Consular Processing or Adjustment of Status. If you are in the UK, the National Visa Center (NVC) pre-processes your case and schedules your interview at the U.S. Embassy London (33 Nine Elms Lane, London SW11 7US). You will complete Form DS-260 before the interview. If you are in the U.S. on valid status, you may file Form I-485 concurrently.
• Conditional Green Card. You, your spouse, and children under 21 receive a two-year conditional green card granting full lawful permanent resident status.
• File Form I-829. Within the final 90 days of the conditional period, file to remove conditions by demonstrating that your investment remained at risk and 10 jobs were created or preserved.
• Permanent Green Card and Path to Citizenship. Receive your 10-year renewable green card. After five years of continuous permanent residency, you may apply for U.S. naturalization.

Filing fees total approximately $21,685, and legal fees average around $25,000, bringing estimated costs above the investment itself to approximately £82,000 to £105,000 at current exchange rates.

Can I Hold Dual British and American Citizenship After Obtaining an EB-5 Green Card?

You can. The United States does not require renunciation of your British citizenship during naturalization, and the United Kingdom recognizes dual nationality. This means you would hold dual British-American citizenship, maintaining both passports and the right to live, work, and travel freely in both countries. We understand that concern about losing your British passport is one of the most significant emotional barriers for investors considering the EB-5 program, and we want to be clear: dual British-American citizenship is legally permissible under the laws of both nations.